CITED HER MOTHER AS CO-RE.

NZ Truth, Issue 1190, 20 September 1928, Page 5

CITED HER MOTHER AS CO-RE.

(From "N.Z. Truth's" Special Wellington Representative.) SOME weeks ago "N.Z. Truth" told the story of the unsuccessful divorce petition of Mrs. Mary Isabella Martin, who sought freedom m the Wellington Supreme Court from her husband, William Herbert Martin. In the extraordinary petition which she brought forward, the wife alleged immoral conduct /between her husband and her mother, m support of which she produced for the benefit of the court a so-called confession on the part of her husband. The jury disbelieved her story and the petition was. dismissed, his honor reserving the question of costs. ,' ' . .."■'■'■ : # ..• -, ..'• ..." '.-". Last week Judge MacGregor delivered his reserved decision on this point. In briefly outlining the salient features of the case, his honor said there had really been no evidence against the co-respondent m support of the shocking allegation brought forward by the wife. "At the trial," he said, "the husband denied the alleged misconduct and the jury rightly believed this denial, discrediting the so-oalled confession. The petitioner asked for costs against the respondent. "I do not think she is entitled to costs. There were no reasonable grounds for taking the proceedings. To allow an unsuccessful.petitioner costs against the respondent m a case like the present one, would be, m effect, to encourage collusive and groundless proceedings for dissolution of marriage. "To me it seems just that both parties to such a collusive iand disgraceful proceeding should be ordered to pay costs of' the innocent co-respondent, who had made a successful defence against a gross charge which should never have been made against her. ."Both petitioner and respondent are therefore ordered to pay to Mrs. Work her costs on the higher scale (£3O), with disbursements; and witnesses' expenses." ;■'.-. *

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